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(영문) 서울중앙지방법원 2015.01.14 2014가합573879
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) KRW 459,249,615 and KRW 300,000,000 among them, from September 4, 2014 to April 2014.

Reasons

1. Indication of claim;

A. On February 19, 2009, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a loan agreement with the Small and Medium Business Corporation (hereinafter “Small & Medium Business Corporation”) at the rate of KRW 300,000,000, annual interest rate of February 19, 2012, annual interest rate of KRW 5.09, annual interest rate of KRW 12%, annual interest rate of KRW 19%. On the same day, Defendant B provided joint and several guarantee within the limit of KRW 360,000,000, which the Defendant Company bears to Nonparty A pursuant to the above agreement.

B. The Defendants delayed the performance of the above loans, and the remaining principal and interest of the loans as of September 3, 2014 are KRW 459,249,615 (=principal interest of KRW 300,000,000 overdue interest of KRW 159,249,615).

C. Meanwhile, on October 30, 2013, Nonparty 5 transferred to the Plaintiff claims based on the above loan agreement, and notified the Defendants thereof.

Therefore, the Defendant Company is obligated to pay to the Plaintiff the remaining principal and interest of KRW 459,249,615 and the loan principal of KRW 300,00,000,00 from September 4, 2014, which is the day following the above calculation date, to November 13, 2014, which is the last delivery date of the complaint of this case, 12% per annum as stipulated in the above loan agreement, and damages for delay calculated at 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment. Defendant B is jointly and severally liable with the Defendant Company to pay the remaining principal and interest within the scope of KRW 360,00,00, which is the limit of collateral guarantee amount.

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts (Judgment without holding any pleadings by submitting a written reply);

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